Right to life includes right to die with dignity.

Advance Medical Directive:

Advance Medical Directive would serve as a fruitful means to facilitate the fructification of the sacrosanct right to life with dignity. The said directive, we think, will dispel many a doubt at the relevant time of need during the course of treatment of the patient. That apart, it will strengthen the mind of the treating doctors as they will be in a position to ensure, after being satisfied, that they are acting in a lawful manner. We may hasten to add that Advance Medical Directive cannot operate in abstraction. There has to be safeguards. They need to be spelt out. We enumerate them as follows:-

(a) Who can execute the Advance Directive and how?

(i) The Advance Directive can be executed only by an adult who is of a sound and healthy state of mind and in a position to communicate, relate and comprehend the purpose and consequences of executing the document.

(ii) It must be voluntarily executed and without any coercion or inducement or compulsion and after having full knowledge or information.

(iii) It should have characteristics of an informed consent given without any undue influence or constraint.

(iv) It shall be in writing clearly stating as to when medical treatment may be withdrawn or no specific medical treatment shall be given which will only have the effect of delaying the process of death that may otherwise cause him/her pain, anguish and suffering and further put him/her in a state of indignity.

(b) What should it contain? Continue reading “Right to life includes right to die with dignity.”

Parking problems in Delhi: Directions by Supreme Court

Till the late 1970s motor cars were the prerogative of the rich. Most people who could afford motor cars lived in houses with drive­ ways and garages. But as the economy of the country has improved and the earning capacity of people has risen there are more and more vehicles on the road. At the same time due to paucity of space and the astronomical rise in land prices the size of dwelling houses has become smaller and smaller. The biggest casualty in this conflict between increasing number of cars and dwindling availability of land is “parking space” for vehicles. Even in those houses which had garages, these were converted to rooms utilised for other purposes. Then cars started getting parked in drive­ways but as the number of members of the households expanded, from drive­ways the cars have now spilled over to the roads outside the house. This is not the only problem. The municipal authorities, for reasons best known to them, without carrying out any study with regard to the carrying capacity of the colonies/areas/towns/cities/metropolises are permitting additional constructions including additional floors in these colonies. Setbacks are being decreased or abolished. The constructed area is rising vertically and horizontally. Resultantly where, about 50 years ago, there was a single storey house with one family and one car, there is now a four storey­ structure, if not higher with may be 8 flats and 16 cars if not more. This has created many problems and one of the most serious problems is that of parking.

In view of the above discussion Supreme Court issued the following directions:­

Continue reading “Parking problems in Delhi: Directions by Supreme Court”